Kishan @ Krishna vs State Of Rajasthan
2021 Latest Caselaw 11125 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9113/2021

Kishan @ Krishna S/o Anda Ram, Aged About 29 Years, R/o Choudhariyo Ka Bas, Gujrawas, Banar, Dist. Jodhpur.

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ramdeen Chaudhary For Respondent(s) : Mr. Mukhtiar Khan, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

19/07/2021

The bail application has been filed under Section 438 CrPC.

in connection with FIR No.89/2021 registered at Police Station

Bilara for the offences under Sections 143, 353, 379 of IPC and

Section 4/21 of Mines and Mineral (Development and Regulation)

Act, 1957, whereupon the investigation was commenced.

Apprehending his arrest, the petitioner moved the bail application

before the court below, which was dismissed. Hence, the bail

application has been filed.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the petitioner

is owner of hydraulic excavator which was sought to be recovered

by the police officials and petitioner has handed over the said

(2 of 2) [CRLMB-9113/2021]

excavator. Learned counsel further submits that petitioner was

neither present on the site nor he has any role to play.

Learned Public Prosecutor oppose the bail application.

Taking into consideration the nature of allegation and the

offences alleged, without commenting further on merits, this bail

application filed under Section 438 CrPC is allowed and it is

directed that in the event of arrest of petitioner Kishan @ Krishna

S/o Anda Ram, in the aforesaid FIR, he shall be released on bail

by the concerned SHO/Investigating Officer, provided he furnishes

a personal bond in the sum of Rs. 20,000/- with two sureties of

the like amount to his satisfaction on the following conditions:

i) That the petitioner shall make himself available for interrogation by a police officer, as and when required;

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer;

iii) That the petitioner shall not leave India without previous permission of the court;

iv) That the petitioner shall not commit any offence similar to the offence of which he is accused or suspected.

(SANJEEV PRAKASH SHARMA),J

108-amit/-

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